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Two South Kensington shisha bars fined for breaking smoking laws

Two shisha bars in South Kensington were fined a total of over £20,000 after their owners were prosecuted for breaking smoking laws. 

Creative Shop Ltd, known as the White Lounge, and Najma Group Ltd, trading as the Muse Lounge, were prosecuted by Kensington and Chelsea Council and ordered to pay £11,500 and £9,000 respectively.

The two businesses were found to have supplied tobacco products without health warnings and not stopped people smoking in a smoke-free premises. 

Lead member for planning and public realm at Kensington and Chelsea Council, Councillor Cem Kemahli, said: “This sentencing shows once again that we take action against illegal business practices which put people at risk. 

“Our trading standards team are out there cracking down on wrongdoing, so that the many businesses doing the right thing have a fair market to operate in, and the borough stays a safe place to eat, drink and party for everyone.”

In June 2023, trading standards officers visited the Muse Lounge and found people being allowed to smoke in substantially enclosed premises. 

The cafe was also found to have supplied shisha products without any health warnings and officers witnessed people smoking in enclosed areas.  

Creative Shop Ltd’s cafe in Beauchamp Place, South Kensington, was found to have members of the public smoking within a completely enclosed basement area with no outdoor space.

Officers also found tobacco products on sale without mandatory health warnings. 

Creative Shop Ltd were ordered to pay £11,500 in fines, a £4,600 victim surcharge plus £2,379 towards the council’s legal costs.

Najma Group Ltd were ordered to pay £9,000 in fines, a £3,600 victim surcharge plus £1,989 towards the council’s legal costs.

The 2007 indoor smoking ban required that shisha pipes could only be smoked outside in the open air, or where a smoking shelter is at least 50% open. 

It was made an offence to smoke or permit others to smoke in smoke-free premises.

Last summer the defendants from the two shisha lounges were found guilty of charges related to not stopping people from smoking in smoke-free areas, and of offences related to the labelling of tobacco products. 

The judgement was delivered in the absence of the business owners.

In spring last year, the Local Government Association (LGA) called for the government to introduce a new licensing regime for shisha bars. 

LGA Chair of the Safer and Stronger Communities Board, Councillor Heather Kidd, said: “Licensing shisha would send a stronger and clearer health message around the potential dangers of shisha smoking, as there is a common misconception it is a safer alternative to smoking cigarettes.

“A new regulatory regime would enable councils to work with shisha businesses to ensure they operate safely and lawfully.”

The Labour government’s announcement to introduce an outdoor smoking ban sparked concerns within the shisha sector, with bar owners telling Middle East Eye they feared what this meant for their businesses. 

Following backlash from the hospitality sector, the health secretary later confirmed any ban would not apply to pub gardens. However, it remains unclear if this will apply to shisha bars. 

Featured image credit: Unsplash

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